Workshop Summary Report Reform of Aboriginal Culture and ... · has been many processes in the...
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Summary Report – Reform of Aboriginal Culture and Heritage Legislation (Markwell Consulting) Page 1
Workshop Summary Report Reform of Aboriginal Culture and Heritage
Legislation Coffs Harbour Ex Services Club
(Pacific and Vernon Streets Coffs Harbour) 9 November 2011
Facilitation and Summary Report - Markwell Consulting
Workshop participants working through NSW Culture and Heritage Legislation Reform business...
Summary Report – Reform of Aboriginal Culture and Heritage Legislation (Markwell Consulting) Page 2
Contents
Warning 3
Preamble 3
Acronyms 3
Draft Running Sheet 4
Attendees 5
Welcome to Country 5
Session 1: The Reform Process 6
Session 2: Culture and Heritage
8
Session 3: Who Speaks for Culture and Heritage 9
Session 4: New Culture and Heritage Legislation
9
Session 5: Key Messages and Next Steps
11
Addendum: Participants Comments Post Workshop 14
Attachment A: Completed Participant Workshop Evaluation Forms 15
Summary Report – Reform of Aboriginal Culture and Heritage Legislation (Markwell Consulting) Page 3
Warning
Aboriginal and Torres Strait Islanders readers are warned this report may contain names
and images of people who have passed away.
Preamble
This report is a summary of discussions, outcomes and key messages from participants
at a workshop which focused on Aboriginal issues associated with the reform of the NSW
Aboriginal Culture and Heritage Legislation (the Reform). The workshop was one of a
series of 25 workshops held across NSW coordinated by the NSW Office of Environment
and Heritage (OEH). The purpose of these workshops was to seek input from Aboriginal
people on the reform.
The workshop was facilitated by Mr Ken Markwell, Markwell Consulting (the Consultant),
an independent Aboriginal consulting business. The Consultant was not required to
undertake an analysis of the information from the workshop, rather simply provide a
summary of key discussions and outcomes to OEH. This report is that summary.
The information provided from the workshops will be considered by the Reform Working
Party, Senior OEH Officials and the Minister in developing new culture and heritage
legislation in NSW.
To ensure transparency and accuracy of the information the Consultant provided a draft
summary report to workshop participants for their comment. Comments received have
been incorporated into this report.
OEH is also coordinating 5 roundtable workshops facilitated by independent consultants -
Twyfords. The purpose of these workshops is to seek views from NSW Aboriginal people,
key stakeholders and others on the reform.
Acronyms New South Wales National Parks and Wildlife Service (NSWPWS)
New South Wales National Parks and Wildlife Act (NSWNPW Act)
Department of Aboriginal Affairs (DAA)
Caring for Country (CFC)
Aboriginal Heritage Information Management System (AHIMS)
Local Aboriginal Land Council (LALC)
New South Wales Aboriginal Land Council (NSWALC)
Native Title Services Corporation (NTSCORP)
Natural Resource Management (NRM)
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Draft Running Sheet
DRAFT RUNNING SHEET
ABORIGINAL CULTURE AND HERITAGE REFORM
REGIONAL ABORIGINAL WORKSHOPS - NOVEMBER/DECEMBER 2011
9:00 – 9:30 Morning Tea 9:30 – 9:45 Welcome to Country Local Elder 9:45 – 10:15 The Reform Process OEH COB RM 10:15 – 11:00 Structure for the Day Facilitator 11:00 – 11:30 DVD 11:30 – 12:30 Workshop Session Facilitator 12:30 – 13:30 Lunch 13:30 – 14:45 Workshop Session Facilitator 14:45 – 15:00 Summary and Wrap up Facilitator 15:00 Afternoon Tea
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Attendees Name Organisation / Aboriginal Group
Mark Flanders OEH
Chris Spencer Coffs Harbour Local Aboriginal Land Council
David Hannah Tweed Shire Council
Rob Cawley
Rosalie Neve OEH
Phill Smith Dorrigo Aboriginal Land Council
Robert Heath Dorrigo Aboriginal Land Council
Larry Kelly Gumbaynggirr Elder
Maxine Naden OEH
Jason Skinner CMA
Chels Marshall Gumbaynggirr Traditional Owner
Nick Pulver OEH
Mark Asquith CMA
Welcome to Country
Mr Mark Flanders provided participants with a Welcome to Country.
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Session 1: The Reform Process
The Reform Process – Participants Comments
It was clear from this workshop that there were issues in relation to the reform process.
The Consultant therefore opened up the workshop for some opening statements and
comments with a view to ensuring key political and other issues and ideas could surface
quickly and if possible be clarified for participants. The participants had the following
opening comments, issues and suggested improvements in relation to the reform
process.
Opening Comments
What is the vision for this legislation
Take it out of government hands and put it into Aboriginal hands (i.e. commission)
No compensatatory measures back to community (i.e. training, short term employment, practical
measures including buses etc., reduced income from 2010 amendments)
Constitutional / sovereign rights (including culture and heritage not recognised) – legal point
required
Aboriginal culture and heritage ownership – equal justice
The participants had the following comments, issues and suggested improvements in
relation to the reform process.
The Reform Process
Go beyond ‘stones and bones’ – holistic all of country values
Reform needs to not be specific to only NSW – Commonwealth constitutional change required in
parallel. Commonwealth legislation connections i.e. Native Title
No key decision makers in the room (Government and OEH) to hear direct concerns of
participants
Ownership of culture and heritage must rest with Aboriginal people not the Crown
The reform working party needs to be meaningful not tokenistic, must have clear relationship /
influence with decision makers (2 way)
Workshop written summary for transparency
Destroyed should be protected – different value systems
Overview of the Reform Process (OEH)
Mr Claude McDermott (OEH) provided an overview of the reform process and purpose of
the workshops and roundtable meetings. The presentation is provided below.
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1
REFORM of
ABORIGINAL CULTURE &
HERITAGE LAW
2
Reform process gets underway
Aboriginal people have been seeking reform for over 30 years – There has been many processes in the past.
For the 1st time the need for reform is supported by all political parties in the NSW Parliament. A real opportunity exists.
In September 2011, the Government announced a reform process to explore options for the protection and management of Aboriginal culture and heritage in NSW.
Government has asked for recommendations by September 2012. - A 10 month window of opportunity is now available to work out what is needed, and to advise the Government on what will work.
We can only reform NSW law – not Commonwealth law such as the Native Title or Copyright law
This workshop is the start of that process.
3
Goals of the Reform – in summary
• Protect and manage NSW Aboriginal culture and heritage.
• Clarify role of Aboriginal people in management of, and decision
making about their culture and heritage.
• Create clear roles and responsibilities for Aboriginal people and
communities, heritage professionals, government agencies, and
industry
• Link Aboriginal heritage law to NSW natural resource management
and planning processes
• Ensure streamlined and flexible regulation of Aboriginal heritage
4
A Reform Working Party – appointed by and
reports to the Minister for the Environment and the Minister for
Aboriginal Affairs to be made up of:
Chairperson – Office of Environment and Heritage - ex-officio
Aboriginal Affairs NSW – ex-officio
A nominee from the Coalition of Aboriginal Peak Organisations (CAPO) –
ex officio
An expert in community engagement with a broad understanding of the
cultural and social issues affecting Aboriginal people in NSW
Two individuals with expertise in land management and the issues
affecting Aboriginal cultural heritage
An Aboriginal culture and heritage legal expert
An expert in Aboriginal culture and heritage conservation
Two individuals from industry or business with experience in issues
relating to Aboriginal culture and heritage
5
Terms of Reference for the Working Party
To advise Government on:
Reviewing existing provisions
Reviewing laws and policies of other jurisdictions
Existing provisions that should be retained
Roles of responsibilities of Aboriginal people regarding their culture and heritage
Processes to identify significant Aboriginal culture and heritage items, places, and landscape values
Possible use of negotiated outcomes
Dispute resolution and mediation processes
Links to environmental planning, development control and natural resource management processes
NSW agency responsibilities
6
The Reform Process – Consultation
Phase 1 November - December 2011
Series of 25 regional workshops with Aboriginal communities
Public awareness campaign re process and timetable (internet
updates, media articles, dvd, reports to regular meetings)
Circulate issues paper and initial background material to stimulate
discussion
On line survey
Interagency meetings + peak stakeholder consultations (property,
heritage, environment, local government, industry)
7
The Reform Process – Consultation
Phase 2 April – June 2012
Consultation with Aboriginal communities and other stakeholders about a range of options for legislation based on ideas gleaned from Phase 1.
The Working Party will report to Ministers in September 2012
After that it is a matter for Government to decide
8
In conclusion
This is a unique opportunity to have your say in
how Aboriginal culture and heritage in NSW is to
be protected .
The Government and the Working Party welcome
your views and appreciates your time, effort and
interest in this important reform process.
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Session 2: Culture and Heritage
Participants were asked what culture and heritage means to them. Their responses are
outlined below. This was an important session to outline what culture and heritage values
are important to Aboriginal people.
Culture
Identity - who we are Connection to the land present / our past and
our future. Dreaming – continuing and evolving
Sharing of knowledge strong – passing on Contraction of colonisation - strong
Necessary resources for healthy living and
survival – closing the gap
Lore
Our children’s future Respect
Protection of environment healthy country Sharing it with mainstream
Inherited rights and responsibilities Landscape as it relates to language
United family connection – one big family Holistic outlook on life, physical, emotional,
spiritual everything that Aboriginal people
practice.
Education of Aboriginal and non-Aboriginal
people
Heritage
Inherited rights and responsibilities Aboriginal and European heritage. Aboriginal
places and sites still valued well after European
development may have destroyed the physical
evidence. Example is banana plantations.
Contemporary heritage values Scientific means to say this is real i.e.
photographic evidence
Traditional vs. Heritage vs. Contemporary Religious belief systems
Human right Physical and non-physical sites
Culture and Heritage Protection and Management
Participants were asked what is currently protected (or what should be currently
protected) under the existing NSWNPWS legislation versus what should be protected
under new or revised legislation.
Protected in this context includes recognised, valued, protected and managed.
Currently Protected
Should be Protected
Everything identified in session 2 discussions
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Currently Protected
Should be Protected
Need 1 specific Act under culture and heritage
Underground water and resources (i.e.
minerals)
Freshwater and saltwater values
Exclusive economic zone (3km coastline State
and 200 km Commonwealth). We have values
and interests associated with these areas
Session 3: Who Speaks for Culture and Heritage
Participants were asked to identify who should be involved in the operation of the new
legislation, including who should speak for country.
Who should not speak for Country Who should speak for Country
Government Elders / lores
Scientists / Experts (i.e. publications and
reports developed on behalf of Aboriginal
people)
Recognition of local systems – different across
different areas
Brigalow Corporation – Crown owns this
organisation. Operates throughout Australia.
Land ownership vested with this organisation.
Tribal areas/ systems
Aboriginal policy must come from an Aboriginal
perspective
Aboriginal not Indigenous
Session 4: New Culture and Heritage Legislation
Participants provided ideas and thoughts on key elements required under new NSW
culture and heritage legislation. This included key components of the existing legislation
that needs to be retained and/or improved and new concepts and elements that the
existing legislation currently does not include.
New NSW culture and heritage legislation
Aboriginal people must make decisions on
heritage values
Ownership and copyright of all existing material
(i.e. site cards / AHIMS database)
AHIMS need controls on who can access and
use data. Built by archaeologists for
archaeologists
Permits must ensure you seek approval from
Aboriginal owners of the information –
community certainty ownership also ensures
verification of information
National recognition Use of Aboriginal archaeologists or accredited
(reputable) archaeologists.
Remove restrictions of trade – Aboriginal self-
determined value
Aboriginal intellectual knowledge must be
accepted as scientific knowledge
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New NSW culture and heritage legislation
Archaeologists may have a role in new
legislation but this role to be determined by
Aboriginal people. Role should be to support
Aboriginal people not to verify Aboriginal
heritage values.
Stand alone Aboriginal commission owned and
controlled by Aboriginal people. This was a
recommendation at the Nowra State local
government conference.
Proposed New Culture and Heritage Commission
Participants were particularly interested in identifying some key elements and principles
for the proposed new independent body. These are outlines below.
Proposed New Independent Aboriginal Commission
Tribal basis Aboriginal perspective. Aboriginal
people / Elders representing themselves
Commission can receive independent advice
i.e. existing OEH expertise
Administer and develop policy for culture and
heritage
Needs to compliment and work with other
arrangements – planning, existing
bodies/agencies, including Commonwealth
bodies.
AHIMS database management, including
notifying people who is accessing (or wanting
to) use the database
Regulatory role
Acknowledging community developed
processes/ procedures for cultural values
storage, management and approvals
Balance of doing and enabling
Decisions rather than advice Governance of Aboriginal heritage and culture
affairs
Comprised of key Elders in community who
have knowledge and can speak for culture and
heritage
Aboriginal Freshwater and Saltwater Matters
Water (fresh and saltwater) issues were a key subject the participants considered were
also particularly important to discuss. Aboriginal values and associations to water are
currently not adequately understood, recognised or protected under existing culture and
heritage legislation in NSW. The key Aboriginal freshwater and saltwater issues, ideas
and suggestions are outlined below.
Aboriginal Freshwater and Saltwater Business
Maintaining sustainability for the future
Link of storylines of saltwater freshwater / saltwater peoples
Recognition of Aboriginal connections and responsibilities – 10Megalitre cultural right. Also need
an Aboriginal water entitlement.
Benevolent institution (i.e. new commission or State Land Council) for donations to manage
culture and heritage, education, cultural centres, culture training for archaeologists
Community conserved areas in marine environments, including IUCN
Karst environments – geological landforms dolomite/limestone’s usually associated with cave
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systems (these environments have Aboriginal associations which need recognition and
protection)
Economic opportunities borne from water rights - % of allocation from mainstream water rates to
go to Aboriginal economic development for culture and heritage.
Aboriginal rights and interests recognised for underground water ‘aquifers’ irrespective of tenure
Submerged matters are all DPI now – lands lease
Economic Opportunities
Participants were keen to discuss and explore the economic opportunities which could
and should arrive from the reform of culture and heritage legislation. The outcomes are
outlines below.
Aboriginal Economic Opportunities
10% allocation for water rights
% of offshore funding support Aboriginal culture and heritage managment to fund independent
commission, other culture and heritage activities
Contracting opportunities: green teams on fully pay, must have priority for Aboriginal people
Social health improves economic health
Recognition of Aboriginal knowledge and expertise (cultural life experience). Earnt vs. Learnt
knowledge
Full time positions. Jobs first training to follow not the other way around.
1. Income 2. Economic development 3. Stability
Education is vital tool, scholarships, training including at school
Separate cultural and economic allocations
Session 5: Key Messages and Next Steps
Key Messages
The following session provide participants with the opportunity to provide key messages
to NSW Parliament, Ministers, Reform Working Party, OEH and other key stakeholders on
the culture and heritage reform.
These include comments specific to the reform process, stage 2 consultations, legislation
and policy.
Key Messages
Reform working party must have gender
balance
Working party must have 100% Aboriginal
people of which 60% Aboriginal Elders. This will
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Key Messages
ensure an Aboriginal voice.
What is the process to select the working party
members and who decides who an expert is?
Transparency back to Aboriginal people
Disseminate workshop outcomes to
communities
Senior OEH officers/ Ministers to attend
Aboriginal workshops and roundtables
% of overseas businesses contribute to
Aboriginal culture and heritage managment
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Next Steps
1. Consultant is required to deliver workshop summary report to OEH as soon as
possible
2. Consultant to provide draft summary report to participants for their comments prior to
submitting final report to OEH.
3. Participants did not want their comments to be on behalf of other people.
4. Participants agreed for the summary report to be a public document, including being
placed on the OEH reform website.
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Addendum: Participants Comments Post Workshop
Markwell Consulting sent all participants a draft of the Workshop Summary report for
their comments. The following comments were received by participants after the
workshop. They reflect the participant’s perspectives on the reform. Because they were
provided as ‘post workshop’ comments, the Consultant has included them as an
addendum to the Report so not to change the integrity of the workshop discussions and
outcomes. The comments reflected below are verbatim extracts from workshop
participants.
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Attachment A: Completed Participant Workshop Evaluation Forms
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